APHC010465462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24737/2025 Between: 1. M.BALAKUTUMBA RAO,, S/O. VENKATA SUBBA RAO, AGED ABOUT 64YEARS,OCC. ASSISTANT SECRETARY (RTD) A.B TOWERS, DOOR NO.41-1/19-2, BALAJI NAGAR, KRISHNALANKA, VIJAYAWADA-13. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, AGRICULTURAL AND COOPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF AGRICULTURAL MARKETING, OFFICE OF THE AGRICULTURAL MARKET COMMITTEE, GUNTUR. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate order, writ or direction, more particularly one in the nature of writ of Mandamus, declaring the action of respondents in not releasing the annual grade increments due on 01.01.2018, 2 01.01.2019 and 01.01.2020 is illegal and violation of 14,16 and 21 of the Constitution of India and direct the respondents to release the annual grade increments i.e., 01.01.2018, 01.01.2019 and 01.01.2020 respectively in terms of the judgement of this Honble High Court in W.P. 9228 of 2021 and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the case of the petitioner for releasing the annual grade increments due on 01.01.2018, 01.01.2019 and 01.01.2020 respectively in terms of the Judgement of this Hon’ble Court in W.P. No. 9228 of 2021 and release the increments, in the interest of justice and pass Counsel for the Petitioner: 1. S SIVA KUMARI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24737 of 2025 O R D E R: 1. The present Writ Petition is filed questioning the action of the Respondents in not releasing the annual grade increments due to the Petitioner for the years i.e., 01.01.2018, 01.01.2019 and 01.01.2020, as illegal and arbitrary. 2. The Petitioner while working as Assistant Secretary in Agriculture Market Committee was placed under suspension from 21.07.2017 to 26.08.2019 in connection with an ACB case registered for disproportionate assets in Cr.No.07/RCA-ACB- GNT/2017 for the offenses punishable under Sections 13 (2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, on 19.07.2017. Pending investigation, the suspension of the Petitioner was revoked vide Memo No.32021/2/2017-SO(Vig.II), dated 26.08.2019, and thereafter, he worked as Assistant Secretary in the Agriculture Market Committee and retired from service on attaining the age of superannuation on 30.06.2021. 3. The grievance of the Petitioner is that the Petitioner was not paid annual grade increments during the period of suspension i.e., 01.01.2018, 01.01.2019 and 01.01.2020 even though 4 representations were given to that effect to the Respondent Authorities. 4. Learned counsel for the Petitioner relied upon a Judgment of the Division Bench of this Court in W.P. No. 6617 of 2004 and similar Judgments passed by this Court in W.P.Nos. 9228 of 2021, 4553 of 2021, and 18004 of 2022 and 30863 of 2025. This Court in similar circumstances had directed the Respondent Authorities to sanction the annual grade increments after referring to the provisions of F.R.24. 5. Learned Assistant Government Pleader would submit that the Representations of the Petitioner for the purpose as sought would be considered by the Respondent Authorities and an appropriate decision would be taken. 6. Heard Smt. S.Siva Kumari, learned counsel for the Petitioner and learned Government Pleader for Services. 7. The Division Bench of this Court in W.P. No. 6617 of 2004, dated 04.11.2004, was considering the case of an individual seeking subsistence allowance after factoring in the annual grade increments. In the said case, the Andhra Pradesh Administrative Tribunal had directed that the subsisting allowance be paid after 5 taking into account the annual increments. In the Writ Petition filed by the State, the Division Bench of this Court, after referring to the provisions of FR 24, held that unless an order of withholding increments is passed, the same cannot be withheld. The said judgment was followed in series of judgments of this Court in W.P.Nos 9228 of 2021, 4553 of 2021, 18004 of 2022 and 30863 of 2025 to quote a few. 8. In that view, the present Writ Petition is allowed declaring the action of the Respondents in withholding the annual grade increments for the years i.e., 2018, 2019 and 2020 as unsustainable and consequently, the Respondents are directed to release the annual grade increments due to the Petitioner for the years i.e., 2018, 2019 and 2020 within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 08.09.2026 KLP